Best approach in deposit dispute

Supadupa

Hi everyone,

I'm in the midst of a tenancy dispute and I was looking for some advice on what to include and which points to make. Is it a case of less is more in presenting evidence?

Its an interesting case as the landlord seems to have done his own inspection after the Letting Agent and is claiming for things not mentioned in the checkout report. Also some of the things being claimed for are noted in the inventory when we moved in (by us) but the Letting Agent has not submitted the version with our comments and signed by us (we have a photocopy so will submit this).

There are two main points I am looking for advice on-:
1. The landlord claims the garden was not maintained (no mention in the checkout report). There are photos and it does look like there are some bare patches in the grass, fortunately we have our own photos that show the grass was not bare when we left but also we were told there was a gardener with the property. The gardener never appeared but it wasn't a problem since we lived there from October to April and the weather was atrocious (Scotland) so there wasn't really any gardening required. The gardener is not mentioned in the lease but I do have emails with both the letting agent and the landlord alluding to the gardener and that he would appear and introduce himself.
- Should I include mention of the gardener in my evidence or is this a mute point as I have different photos? Also he claims £350 for the gardening repairs although then there is an invoice for £105 from the gardener - do I bother to point this out or is it irrelevant?

2. The landlord is claiming £80 to replace a light fitting. The light fitting was chipped when we moved in (as noted on our version of the inventory by us) but a photograph now shows it is cracked. I do not recall it cracking whilst we lived there and I think I would have noticed but I don't have a photo of it. The landlord has a copy of a receipt for a light fitting from a well known DIY shop but there is no date on it and when I checked the website I can't find the light for sale so suspect this is the original receipt when he bought it or that it's for a different light. In any case I don't believe we should be paying to replace it but is it worth questioning the receipt or again is this irrelevant.

I am feeling very aggrieved by these charges and am trying hard not to let my emotions come into the dispute which makes me wonder if I should stick to the facts or raise these other points to strengthen my case.

Your advice would be appreciated.

Thanks

Guest101

Submit your evidence, but the onus is on them to prove wrong doing, and if they do not have an inventory signed by you saying the light fitting was in good order, they havent got a hope in hell.

As for the garden, its quite hard to say 'maintain', as in to remain in a similar state to when you moved in, again if not mentioned, its quite hard to prove

Flashmanchop

Which version of the inventory do both parties have, and is this the same signed (by both parties) version?

That is key to it all.

if not, i suspect a court and the dps dispute service will not see that the inventory is one at all, and award you all your monies back.

it does also sound like the landlord trying it on.

hwoever i now note your in scotland, so i may be completly wrong!

Supadupa

Thanks, the inventory arrived a week and a half after we moved in after I chased it up (I have emails supporting this). I then completed our part with some additions (e.g. light fitting damage) etc signed it, dated it and posted it back (kept a photocopy). The letting agent seems to have submitted their version prior to our additions, it is not signed by us. The Letting Agent should have both versions but seem only to have submitted their version.

Flashmanchop

doesnt sound like they have a leg to stand on.

girleight@

Regarding the light fitting I would just say it was damaged when you moved in as recorded on the inventory. It might be that it cracked due to the original damage.

Tjrw1985

Having been through this twice all you have to remember is that the onus is on them to prove fault. Not you to prove you didn't.

Any Deposit protection service will not accept an unsigned inventory.

Also, any deductions made have to be backed up by receipts (dated) or invoices (signed).

Also, make sure they are not trying to claim for light bulbs. Ours tried to do this and were told, "on your bike" as bulbs are normal wear and tear.

Good Luck

Supadupa

Thanks, is it up to me to point out that the receipts are not dated and the invoices not signed? I think everything goes back to the agent once I've done my bit so this may be alerting them to the weaknesses in their case. I'm also wary of falling into the trap of 'thou dost protest too much!'